The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for New Hampshire with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
The short answer
New Hampshire does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.
Attorney fees
Not statutory. Fees must be reasonable and are subject to court review.
Executor / personal representative fees
The administrator or executor is entitled to reasonable compensation; New Hampshire uses no fixed statutory percentage. Family executors often waive the fee.
What the fee is based on
New Hampshire retains court oversight and a six-month period running from the original grant of administration: N.H. Rev. Stat. Ann. §556:1 bars an action against the administrator begun within those six months, and §556:3 requires the demand to have been exhibited to the administrator within them.
Appraisal / probate referee
Not used. New Hampshire does not appoint a state appraiser. The administrator files an inventory and may retain an appraiser for real estate or unusual assets.
How long probate takes in New Hampshire
We found no published source for how long probate takes in New Hampshire as of September 2026. No New Hampshire court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A creditor's demand must be exhibited to the administrator within six months after the ORIGINAL GRANT OF ADMINISTRATION, exclusive of any time the administration was suspended (RSA §556:3); a notice sent to the administrator or their agent by registered mail setting out the nature and amount of the claim and a demand for payment is a sufficient exhibition (RSA §556:2). New Hampshire also sets a floor: no action may be sustained against an administrator if it is begun within six months after that grant, nor unless the demand has been exhibited and payment demanded (RSA §556:1). Suit must then be begun within one year after the original grant, again exclusive of suspension, except where the administrator has retained estate in hand for payment of the claim by order of the judge and in the cases RSA §556:7 and RSA §556:28 provide for (RSA §556:5). No exhibition is required where the estate has been represented insolvent within those six months (RSA §556:4).
Creditor claim period
A creditor's demand must be exhibited to the administrator within six months after the ORIGINAL GRANT OF ADMINISTRATION, exclusive of any time the administration was suspended (RSA §556:3); a notice sent to the administrator or their agent by registered mail setting out the nature and amount of the claim and a demand for payment is a sufficient exhibition (RSA §556:2). New Hampshire also sets a floor: no action may be sustained against an administrator if it is begun within six months after that grant, nor unless the demand has been exhibited and payment demanded (RSA §556:1). Suit must then be begun within one year after the original grant, again exclusive of suspension, except where the administrator has retained estate in hand for payment of the claim by order of the judge and in the cases RSA §556:7 and RSA §556:28 provide for (RSA §556:5). No exhibition is required where the estate has been represented insolvent within those six months (RSA §556:4). In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.
How to skip full probate (or shrink the bill)
- Small-estate procedure. New Hampshire has no fixed-dollar small-estate affidavit. Instead it offers a 'waiver of administration' under RSA §553:32 — available regardless of estate value when a sole beneficiary (or all beneficiaries) also serve as administrator, removing the inventory, bond, and accounting requirements.
- Transfer-on-death deed. New Hampshire authorized a transfer-on-death deed under RSA ch. 563-D, effective January 1, 2025 (the state was the 20th to adopt the Uniform Real Property Transfer on Death Act). Owners can now record a TOD deed naming a beneficiary; the property passes at death without probate.
- A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
- Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
- Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.
Whether representation is required in New Hampshire
New Hampshire does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.
What the record shows
Probate cost in New Hampshire is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.
Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. New Hampshire’s small-estate threshold, above, determines which estates can use the simplified procedure.
Frequently asked questions about probate cost in New Hampshire
How much does probate cost in New Hampshire?
New Hampshire does not set probate fees by statute. Attorney fees are not set by statute; the court charges tiered filing fees. We found no published source for what probate costs in total in New Hampshire as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them. N.H. Rev. Stat. Ann. §556:1 provides that no action shall be sustained against an administrator if begun within six months after the original grant of administration, and §556:3 that no such action shall be sustained unless the demand was exhibited to the administrator within six months of that grant, so six months from the grant sets the minimum timeline.
What is the small-estate limit in New Hampshire?
New Hampshire has no fixed-dollar small-estate affidavit. Instead it offers a 'waiver of administration' under RSA §553:32 — available regardless of estate value when a sole beneficiary (or all beneficiaries) also serve as administrator, removing the inventory, bond, and accounting requirements.
Who pays the probate costs in New Hampshire?
The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.
Can you avoid probate costs in New Hampshire?
New Hampshire levies no inheritance or income tax: RSA ch. 86 (Taxation of Legacies and Successions) and RSA ch. 77 (Taxation of Incomes) are both shown as repealed in the Revised Statutes. RSA 87:1 still imposes an estate tax, but 87:1(II) measures it as equal to the maximum federal estate tax credit allowable for state death taxes and 87:1(IV) imposes it only where that credit is available on the decedent's federal return — and 26 U.S.C. §2011, the credit for State death taxes, was repealed by Pub. L. 113-295, div. A, title II, §221(a)(95)(A)(i) (19 December 2014). The reasons to avoid probate here are therefore the six-month period under RSA §556:1 and §556:3 and privacy, not tax. The newest tool is the TOD deed (RSA 563-D, effective 2025); pair it with beneficiary designations and joint ownership, or use a living trust for larger or multi-state estates.
How long does probate take in New Hampshire?
We found no published source for how long probate takes in New Hampshire as of September 2026. No New Hampshire court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A creditor's demand must be exhibited to the administrator within six months after the ORIGINAL GRANT OF ADMINISTRATION, exclusive of any time the administration was suspended (RSA §556:3); a notice sent to the administrator or their agent by registered mail setting out the nature and amount of the claim and a demand for payment is a sufficient exhibition (RSA §556:2). New Hampshire also sets a floor: no action may be sustained against an administrator if it is begun within six months after that grant, nor unless the demand has been exhibited and payment demanded (RSA §556:1). Suit must then be begun within one year after the original grant, again exclusive of suspension, except where the administrator has retained estate in hand for payment of the claim by order of the judge and in the cases RSA §556:7 and RSA §556:28 provide for (RSA §556:5). No exhibition is required where the estate has been represented insolvent within those six months (RSA §556:4). The deadlines that run alongside it: How Long Does Probate Take in New Hampshire?.
Related reading
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What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.
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How to Avoid Probate in New Hampshire — the state-specific avoidance playbook.
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Executor Deadlines in New Hampshire — the statutory dates the executor works to, quoted from N.H. Rev. Stat. §§556:1, 556:3, 556:5.
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How Long Does Probate Take in New Hampshire? — the companion timeline guide for New Hampshire.
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Will vs. Trust: How They Differ — the documented differences between the two instruments.
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Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.
This page explains New Hampshire probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the New Hampshire courts or a licensed New Hampshire attorney. Sources: RSA §553:32, RSA §556:1, RSA §556:2, RSA §556:3, RSA §556:4, RSA §556:5, RSA §556:7, RSA §556:28, RSA §556:29, RSA ch. 563-D (transfer-on-death deed).